The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-11
CLOSE OF THE HARPER TRIAL
Dramatic Scenes Incident to the Termi-
nation of an Interesting Case.
Judge Jackson Practically Tells the Jury to
Return Verdict of Guilty. Involving
Sentence of Ten Years in Prison.

the harper trl6i ILLS morning kept the crOWuou
courtroom in q hush of silence. Court was
opsned in the usual way. Harper appeared,
accompanied by his wife and nsr sister, and his
little boy, fne-looking fellow of nine years.
The testimony for the defense was virtually moth
ing. Mr. Marchant told what was the state of
the accounts of Swifts iron and stee-works in
1887. It amounted to $40. 900 deposits and Sl9,-
300 withdrawn-an overdraft Mr.. Phillips was
called to show that the property of these works
was worth over $500. 900.
]. F. Larkin, banker, was called to show that
Wiltshire was buying wheat for others than
Harper, but all he could say was that his bank
lad handled some paper of Undertakes with
Endorsements by Wiltshire, and the court ruled
all out incompetent
Timberlake himself was called. He said Will
Jhire never bought for him nor he for Timber
axe. Wiltshire had simply Endorsed some of his
papers
80 Mr. Blackburn said his purpose to show
hat Wilshire's testimony that he had bought
.or Harper only, was not true.
The court reminded counsel that Wiltshire had
testified that he bought million bushels his
own account. and if they could show he had
bought more than this, it might be done. The
witness was excused
Edgar Stark, bank cashier, was called to tell
of Undertakes transaction, but it was ruled
put and Mr.. Blackburn said: with that ruling
Of the court we have further testimony"
1t was now 1890 Mr. Harper and his coun-
sel withdrew for consultation. and Deputy Mar
,hal Urner followed. In ten minutes Mrs. Har-
per was called out The consultation was upon
the question of submitting the without
argument. At 10:45 the parties all returned,
and Mrs. Harper carrying her babe. She
10
her knee removed its white hood and displayed
> lovely head and face, fair hair. bright eyes.
fne complexion and full. round cheeks There
was a whispered consultation at the table for
minute two, during which, above the low
hum of the crowd, could be heard the fiute-like
tones of the baby's voice it reached to the
iable after papers. It was the only plea that
was offered for its father, for when Mr.. Black
burn arose he said that under the ruling of the
Court as to the evidence offered, they had no
more witnesses to offer.
The government then called Messrs- Hinch
and Hayes, but the qustions asked them had
been asked before and they were ruled ont. Mr..
Burnet then said the governments would rest
Judge Jackson-Will you argue the easel
Judge Wilson, for the defense, said they would
submit without argument If the governments
would
Mr.. Burnst-We will
Judge Jackson then delivered his charge to
The jury, which occupied an hour and fifty min
utes. He began by referring to the form of the
Indictment, and then gave the usual definitions
Of the points of law necessary to be considered
by the jury in 8 criminal indictment. He called
their attention to the difference between crimi-
nal acts by officers of a banking association and
others by which losses might accrue,
but not be criminal and remarked that in every
count Harper was charged with a criminal
act. He defined the term abstract" as
used in the statute az meaning to take without
the knowledge of the officers of the association,
and use it for the benefit of others. and with in
tent to defraud. An intent to defraud applied
To every act which is illegal, and tends to in
Jury. After defining what was meant by proof
beyond reasonable doubt, he said the RESPONSE
biiity of bank officers was not for losses on
honest legal loans in good faith for the benefit of
the association. but for Illegal acts for the bene-
fit of others than the bank. He then passed to
could assume those things proven which had
been presented in evidence by both sides. He
then enumerated one after another. the various
acts regarded as proven by Harper's own admis-
sions such a credit 20 the Riverside iron and
steel-works upon no consideration, and declared
that the defendant committed wrongful act
when he took the check of the Riverside works
in that way. So of the 100000 certificate Of
deposit in the First National Bank of New
York. ted by his own check. This was
n criminal admitted by the defendant
Going in the order of time, the court cited
act after act all admitted by Harper, which,
under the ruling of the Court. constituted Grim
ina. acts. Among others was S15. 900 to Hoyt
for Hopkins, in which Harper said he was to be
q sbarer with Hopkins BY sending colIaterals
to the Chemical National Bank on June I5 the
defendant committed an unlawful criminal act
Harper's heroic efforts TO the bank do not
excuse him any more than a man would be exs
cused for scuttliag ship by afterward making
efforts TO save it Referring TO Hsrper's defense
that he was trying to save the bank, he severely
arraigned his method. saying it was not reason
able for man to sink 81, 100000 in trying to
cave $4,000. Summing up, he said: THE court
instructs the jury that it must find, his own
testimony, that the defendant had committed
crime"
he sv,rxv 4Aar 49,
the form of their verdict. and they taken
TO their room to begin their consultation. The
court adjourned until o'clock.
At a quarter of the court adjourned till
Monday 1t was announced that the jury would
be ready to report early in the evening" but the
court will not receive the finding until Monday.
The sudden close of the trial, without argu-
ment was no surprise to anyone who had
knowledge of the law No counsel could have
gone before that jury to defend a man who had
testified to acts which must be declared by the
court TO be criminal. and the government coun-
sci had no need to argue where the defendant
himself bad proven the governments case.
IL was therefore left to his little child
the only plea that could be made
for the ex- banker-and that could only be
a plea for mercy from the judge. But il seemed
TO have been Intellectual while the judge de-
doubtless felt that in that duty there was no
place for mercy. Certainly he spoke with rigid
of the test mony showed remarkably
clear understanding of the whole mat
ter. and his summing up of Harpers
misdeeds WAS a stunning blow to any hope
OF mercy that may have crept into the
defendants mind. The magnitude of the
amounts involved, the frequency with which
wrongful acts were committed. all were shown
in their strongest light by the Judge as he de-
tailed from memory the testimony. His legal
mind saw clearly what the verdict ought to
he that he used the most unmistakable lam
gu1ge. He said sthe Court instructs you that
upon the defendants own testimony Harper
has committed crime described in the stat
ute under which be is indicted" Tbs charge was
in writing. except that portion in which he
viewed the testimony It delivered with
great earnestness. The jury moved from
its position the side of the room to the space
directly in front of the Court, thus removing
Mrs Harper and her babe from their view, and
allowing the Court to speak to them with no
hlndrauce whatever. Harper and Blackburn
sat In the corner of the room the right. Near